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    • Could you please show the back of the first PCN you received round about 17th January. Was there a WS included or just the PE v Beavis case?
    • Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 
    • Hello All,   My query is about the Service charge. I am leaseholder of a 3 bed flat in a purpose build block in London (Westminster) our service charge used to reflect the maintenance of the building and overall look and feel. But now not only service charge goes up every year but quality of service like general maintenance gone down. For example lifts keep breaking down, building needs refurb, walls are dirty, my windows are so old that in winter no matter how much heating you put on room still feel cold.    additionally they keep adding major works charges to service charge with this year being £1917 in addition to £1890 service charge. Don’t mind paying only if I see improvement in the block but we have only seen steady decline over many years now. So today I called them (city of Westminster) saying I don’t want to pay and cannot pay so high charges where there’s no evident results.    I came here to find if anyone has been successful in negotiations on regards to service charges complain or any advice regarding this. Charges are too for what we get    Thanks in advance  
    • this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone?
    • Hi everyone  . . .  Just an update   The CMD was this morning.  It started with cheap  manoeuvrability  by Intrum’s lawyer, but let me give you quick summery background:   The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action.  We were giving 21 days for the submission.  In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later.   On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK.   Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second  one.   On 7th of April I send Intrum lawyer the document 2 as it is our official response.   ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court.   At the start of the CMD the Judge ask Intrum lawyer to start.  So he started by claiming the following: 1.    We failed to meet the 21 days deadline set by the court. 2.    He received a response on the 7th April which is only a week ago. 3.    He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4.    He said that this case has taken too long and the defendant just messing them about and keeping changing their plea.   At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate.  Then he turned to me to ask me for explanation. a)    I said that we met the deadline set by the court and submitted the required response.  Also I explained the issue with two documents. b)    I confirmed that we have received a confirmation form the court on their receipt of  my submission emails. c)    I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court.   Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents.   Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement.  He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer  continued to ridicule the document in general without being specific.  At the end the judge turned to me  to response.   I said that the court must see the document as it is important to the case.  It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read.  The judge came in and said that he asked the lawyer for a general summery of its content.   I continued that the full claim case is fundamentally flawed, and I continued to list why: 1.    The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties.  The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2.    There is no Default Notice that the claimant stated in their submission there was a Default  Notice. 3.    Also has the original creditor served a notice of assignment on the defendant? 4.    The other fundamental issue is the question of the nature of the sum claimed!. .  .  .  . . .   At that time the judge stopped me asked me if I was asking for the other side to present these documents.   I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.   The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t.   However, the judge spend most of session faltering and does not know what to say.  At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents.   I feel more positive now on the case but I would appreciate your views and comments.   Thank you
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Evergreen Finance/Moneyboat Court Claim Received.


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oh ok i thought it being with the OC was a bonus as it doesn't work on sold debts subject to a court claim, ..

 

but if the owner still has it and they agree something was wrong with the lending process, they would be able to reduce say the outstanding on the consent or wipe it out totally?? as they are still god in both cases..the claimant and the owner..

 

 

if thats not so...would it be useful to let the claim take it natural course for a while an see if something comes of it before the last opportunity to consent passes?

 

i can't objectively see much of a change of the OP succeeding in the court claim can you?

although they don't appear to have abided by PAP not appear to have issued a DN etc.

 

get CCA/CRP running ...see where it goes...

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would be submitting a defence irrespective as it buys extra time to evaluate all options...Mediation/ Consent Order.

You can always throw in the threat of ILRC when or if you try to negotiate a settlement figure...but this being the OC they hold all the cards and do not need to reduce anything.....failing that then it proceeds on the invalid points you raise and you take your chance.

We could do with some help from you.

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Andyorch/dx thank you for your assistance its very much appreciated.

Just so that I know that im singing off the same page could i clarify:

 

So i leave the IRL? "You can always throw in the threat of ILRC when or if you try to negotiate a settlement figure"

CCA/CPR31.14 already sent,

I cant find a CRP to get that running?

Should i not contact Money boat regarding a consent order

Sorry to keep asking but the total claim is for the total loan amount £600 and has not taken into account of a payment of£150?? does this have any bearing on the claim?

Go for submitting a defence, could the above be added to the defence? "I would be submitting a defence irrespective as it buys extra time to evaluate all options...Mediation/ Consent Order."

 

Thanks G

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On 24/11/2020 at 22:06, Gracelands said:

date to submit defence = 18 Dec 

 

 

thanks andy so 9 days 

usual defence with mention they have failed PAP and to supply DN etc then

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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On 24/11/2020 at 22:40, dx100uk said:

please note your corrected dates above.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

 

cpr was here on the 24th!^^^

so you've not sent it?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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14 minutes ago, dx100uk said:

 

thanks andy so 9 days 

usual defence with mention they have failed PAP and to supply DN etc then

 

 

Yes post it here and give me a nudge nearer the time.

We could do with some help from you.

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47 minutes ago, Gracelands said:

I cant find a CRP to get that running?

 

so you did send it then ok good

i was puzzled by what you meant by CRP.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its the age you know..

have a look around at the holding/no paperwork defences that are in many loan claimform threads

use our search top right

or our enhanced google search box.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Everyone hope you are well. I am getting a tad nervous now as time is ticking on. I have been looking at other similar threads to assist me with my defence. I am not very good at these kind of things but i have attempted to give it a whirl. Could you give me your advice on the defence i have drafted which i will submit on Thursday 17th. Hear goes:

 

1. Evergreen Finance London Ltd claim this amount in respect of an unpaid loan funded by Moneyboat.co.uk. The defendant failed to abide by the terms of the contract.

 

2. By a regulated credit agreement made between the parties on 09-03-2020 the claimant agreed to advance the defendant the sum of £400.00 and the defendant agreed to repay the sum together with interest over 4 instalments. In breach of the agreement the defendant has not paid the agreed instalments and the account was placed into default on 14/08/2020 despite numerous requests for payment. The Defendant has not paid the Claimant the sum of £600.48. The defendant therefore owes therefore claims the amounting sum of £649.87 including charges and interest for missed payments.

 

3. The claimant claims interest under section 69 0f the county courts Act 1984 at the rate of 8% yearly from 14/08/2020 on £649.87 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate.

 

 

Defence

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £649.87.The defendant admits entering into a short term agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk . It is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925.

 

2. Paragraph 2 is denied the Defendant has made a payment towards the amount agreed to be repaid which has not been calculated or taken into consideration. The claimant failed in a request for assistance in finical difficulties during the ongoing Covid pandemic. The Claimant has not served a Default Notice pursuant to sec88 of the CCA1974 or followed any Pre Action Protocol in an attempt to resolve this matter and is put to strict proof thereof.

 

3. The claim is disputed with regards to the Defendant owing the amount of monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for;

© show how any breach occurred and a valid Default Notice was issued,

(d) show how it has legal assignment of any alleged debt.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the full amount of money is owed.

 

 

Thanks G

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let me check it properly tomorrow.

We could do with some help from you.

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Particulars of Claim for reference only

 

1. Evergreen Finance London Ltd claim this amount in respect of an unpaid loan funded by Moneyboat.co.uk. The defendant failed to abide by the terms of the contract.

 

2. By a regulated credit agreement made between the parties on 09-03-2020 the claimant agreed to advance the defendant the sum of £400.00 and the defendant agreed to repay the sum together with interest over 4 instalments. In breach of the agreement the defendant has not paid the agreed instalments and the account was placed into default on 14/08/2020 despite numerous requests for payment. The Defendant has not paid the Claimant the sum of £600.48. The defendant therefore owes therefore claims the amounting sum of £649.87 including charges and interest for missed payments.

 

3. The claimant claims interest under section 69 0f the county courts Act 1984 at the rate of 8% yearly from 14/08/2020 on £649.87 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate.

 

 

Defence

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. Paragraph 1 admitted .The defendant admits entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totaling £600.48 from Moneyboat.co.uk . It is denied I failed to abide by the Terms and Conditions of the agreement.

 

2. Paragraph 2 is denied the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which has not been deducted or taken into consideration. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer.

 

3.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974. 

 

Need for default notice.

 

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum

 

4. The claim is disputed with regards to the Defendant owing the amount of monies stated to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has reached the amount claimed for;

(b) show how any breach occurred and a valid Default Notice was issued,

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the full correct amount of money is owed.

 

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

We could do with some help from you.

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Thanks for the amendments Andy.

Do i submit this now and get this rolling or wait and use the allotted time lines don't want to do something that may not be right and waste days that could be used in the defence stage.

 

Thanks G

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Go now....I assume you are not waiting for any responses.....CPR /CCA requests etc etc.....

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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2 minutes ago, Andyorch said:

Go now....I assume you are not waiting for any responses.....CPR /CCA requests etc etc.....

Ok Andy ill do it now. No only other email response i have had is telling me that "as this is now at Money claim stage i need to settle the ballance as soon as possible can i advise when i can pay i have to pay the full amount"!! 

 

Do I need to prepare anything once the defence has been filed or will i get a response from Evergreen asking for payments or other suggestions?

 

Thanks G

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Nothing.....see if they wish to respond to the defence and if they wish to proceed with the claim...then the court will instruct you further re allocation.....directions. 

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 2 weeks later...

Hi hope everyone is safe and well.

 

I have had notice of proposed allocation to the small claims track (N 180 form). I will get this filled in and sent of to the courts (4th January deadline). I think a copy is also required to be sent to Evergreen finance? Can I email a copy to Evergreeen?

 

A1 = yes

B = self explanatory

C= yes

D1 = My nearest local court?

D2 = no

D3 = no

D4 = no

 

Agree to mediation = yes

Enough information = yes

 

Should i be going the full distance and see if Evergreen sand payment to court and turn even up or will this take me to the mediation stage or do Evergreen have to agree with this? if not will my defence hold up at the court stage?

 

Thanks G

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they will mediate i'm sure.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi just before posting out N180 should I leave my mobile contact number on the copy sent to Evergreen and just give it to the courts just confused in case I get bombarded with calls from Moneyboat!! Read up on other threads and not sure what mediation I should be going for or will Moneyboat dictate what they will be willing to accept?

 

thanks G

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Your choice...but as you have said you know what might happen if you do. There is no requirement to supply all your contact details on the claimants' copy.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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